LOKANATH BEHERA @ LOKONATH BEHERA @ LOKA v. STATE OF ODISHA
ABLAPL/9442/2025 · 2025-08-22
V Narasingh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51100 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51100 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No. 9442 of 2025
Lokanath Behera @ Lokonath Behera @ Loka …. Petitioner
Mr. M. Faradish, Advocate
-versus-
State of Odisha …. Opposite Party Mr. B. Nayak, AGA
CORAM: JUSTICE V. NARASINGH
Order No.
ORDER 22.08.2025
03.
1. Heard learned counsel for the Petitioner and
learned counsel for the State.
2. The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.1534 of 2024 pending on the file of learned SDJM, Dhenkanal, arising out of Dhenkanal Town P.S. Case No.732 of 2024 for commission of offences punishable under Sections 85, 80, 49, 103(2), 238(a) and 3(5) of BNS, 2023 read with Section 4 of the DP Act.
3. It is submitted by the learned counsel that the Petitioner has been cited as an accused in the charge sheet only because he is the friend of the brother-in- law of the deceased.
4.
Learned counsel for the State opposes the prayer for pre-arrest bail.
5. On perusal of the Case Diary, it is seen that the accusation against the present Petitioner is that
when the complainant visited the mortuary he along with one Gudu @ Asutosh Kara told the informant that her daughter has committed suicide by hanging. Save and except such statement the public prosecutor is not able to place any other incriminating material before this Court against the Petitioner.
6. Taking into account the nature of accusation and the manner of implication and since charge sheet has already been filed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, keeping in view the dictum of the Apex Court in the case of Satender Kumar Antil Vrs. Central Bureau of Investigation and another, reported in, 2023 SCC Online SC 452, setting out the guidelines for appreciation of plea for pre-arrest bail.
7. It is needless to state that the Petitioner shall cooperate with the ongoing investigation.
8. Accordingly, the ABLAPL stands disposed of.
(V. NARASINGH)
Judge
Jina